Legal Question in Family Law in Kentucky

I've had a lawyer for 5 months in a child custody case. Every time we go to court, even though I have asked for the lawyer to bring up certain safety concerns regarding my daughter, he does not, but instead tells the judge that we are still working on neogotiating an agreement (we are not). These safety concerns have been brought up to the county attorney and to my child's therapist, both of which reported them to CPS for me. The lawyer has been given photographs and voice recordings concerning my daughter's safety, but he refuses to bring them up to the judge. He tells me that the time for that is a hearing (which we had scheduled, then the lawyer rescheduled it as a status hearing). We have a review coming up in a few days, and I am seriously considering telling my lawyer not to show up (my ex is unrepresented) because he flat out told me not to bring up my safety concerns to the judge during the review. Would it be against my child's best interest if I "overstepped" the lawyer and told the judge about my concerns in the upcoming review? Even if nothing gets ruled on, I feel it's very important that the judge at least hear what I have to say.


Asked on 12/11/12, 6:27 pm

1 Answer from Attorneys

Andrea Welker Welker Law Office

"What you have to say" is probably more likely to anger the judge and backfire against you. Also, what is a safety concern to you and even to the therapist may not impress the judge in the least bit. So you need to be addressing your concerns with your attorney, who knows your case and your judge.

If you disagree so strongly with your attorney, then you can ask him to withdraw and represent yourself or hire other counsel who you do trust. But what I would not do is appear in court with your attorney trying to represent you, and then start interrupting the court and speaking over him. That definitely won't help you any.

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Answered on 12/11/12, 10:10 pm


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